Buying or selling a home is exciting, but did you know you’re also protected by federal fair housing laws? Every home buyer and seller has the right to be treated fairly and without discrimination.

HUD stands for the Department of Housing and Urban Development. The federal Fair Housing Act (part of the 1968 Civil Rights Act, as amended) makes it illegal to discriminate in housing – including home sales, lending, and real estate services – because of who you are.

This friendly guide explains your rights and responsibilities under these laws in plain language, with tips on what to expect from your real estate agent, examples of illegal practices, and resources for help. Our goal is to make sure everyone can pursue the American dream of homeownership on an equal footing. Let’s get started!

Protected Classes: Who Is Protected?

Under federal law, it is illegal to discriminate against anyone in a housing transaction (such as selling or buying a home) because of certain protected characteristics ​nar.realtor. This means you cannot be treated differently or unfairly because of:

• Race – Your racial identity (e.g. whether you’re Black, White, Asian, etc.).
• Color – The color of your skin. (While race and color are similar, both are explicitly protected.)
• National Origin – Where you or your family come from (country of birth, ancestry, ethnicity, accent).
• Religion – Your faith, religious beliefs, or lack thereof.
• Sex – Your gender. Importantly, “sex” discrimination also includes sexual orientation and gender identity under current HUD policy​nar.realtor ​archives.hud.gov. In other words, you are protected whether you are male, female, nonbinary, transgender, gay, straight, etc.
• Disability – If you have a physical or mental disability (impairment) that substantially limits major life activities – for example, mobility limitations, vision/hearing impairment, mental health conditions, or HIV status. (People associated with a person with a disability are also protected.)
• Familial Status – Whether you have children under 18 in the household. This includes being a parent or legal guardian of a child, pregnant women, or anyone securing custody of a child. (In short, families with kids are protected from discrimination.)​

What does this mean? No matter your background – whether you’re a single parent, a person with a disability, an immigrant, or any other identity – you have the right to equal opportunity in housing. Homes should be available to everyone on an equal basis.

Keep in mind that some states or cities have additional protected classes (like age, marital status, or source of income), but the list above covers federal law nationwide​ nar.realtor.

Fair Housing Rules: What Actions Are Prohibited?

Fair housing law isn’t just words – it sets clear rules for what sellers, agents, and others cannot do. In a home sale, it is unlawful to take any of the following actions because of a person’s protected class.

Refuse to sell or show a property to someone

You cannot turn away a ready, willing buyer due to their race, religion, etc. If a buyer can afford the home and is otherwise qualified, they must be given the same chance to buy as anyone else​.

Refuse to negotiate or communicate about a sale

For example, a seller’s agent can’t ignore or delay responding to an offer because the buyer belongs to a certain group​. Everyone deserves fair treatment in negotiations.

Set different terms or conditions for the sale

This means you can’t impose stricter requirements, higher prices, or different contract terms on a buyer only due to their protected characteristic​. All buyers should face the same criteria and be offered the same terms for a deal.

Falsely claim a home is “unavailable”

It’s illegal to lie about the availability of a house to avoid selling to someone. For instance, an agent or seller can’t say “Sorry, the house is off the market” if it’s actually still available, just because the inquiring buyer is of a certain ethnicity or has kids​.

Provide unequal services or facilities

In some cases, sellers might attempt to give different levels of service (like offering fewer home tours, or not providing the same information about the property or neighborhood) to certain buyers. This kind of second-class service is illegal if based on protected traits​.

Discriminate in advertising

All advertising for a home must be inclusive. It is against the law to make, print, or publish any advertisement, listing, or flyer that shows a preference for or against people of a protected class​.

For example, phrases like “no children,” “Christians only,” or “perfect for single professionals” (to exclude families) are not allowed in home sale ads. Advertisements should focus on the property features – not on who the “right” buyer should be.

Steering buyers to or away from certain areas

A real estate agent must not limit your home search to specific neighborhoods or direct you away from others because of your race, religion, etc.

This practice, known as “steering,” is illegal​. For example, an agent shouldn’t say, “I think you’d be happier on the other side of town,” or only show listings in areas with a similar demographic profile as the buyer, unless the buyer personally requested those areas. You have the right to see any home in your price range.

“Blockbusting”

This applies more to sellers: no one (including real estate professionals) may pressure or trick homeowners into selling by suggesting that people of a certain protected group are moving into the neighborhood.

For instance, an agent or investor telling residents, “You’d better sell now, because [a certain ethnic group] is coming and property values will drop,” is engaging in blockbusting, which is illegal. Decisions to sell should be made free of scare tactics and bias.

Other discriminatory conduct

The Fair Housing Act also prohibits any harassment, threats, or intimidation related to someone’s housing rights​. Retaliation is banned as well – a seller, landlord, or agent cannot punish or retaliate against you for asserting your fair housing rights or filing a complaint​.

In addition, aspects of the home-buying process like financing and appraisals are covered: lenders can’t discriminate in mortgage terms or approvals, and appraisers can’t give inflated or deflated valuations based on bias. In short, every step from home search to closing should be free of discrimination.

The bottom line is any action that unfairly disadvantages a buyer or seller because of a protected trait is prohibited. Fair housing law aims to ensure everyone is on a level playing field. Next, we’ll look at what this means for you as a home buyer or seller working with a real estate agent.

If You’re a Home Buyer: Your Rights and Expectations

As a home buyer, you should expect to be treated the same as any other buyer. Here’s what fair housing means for you in the buying process.

Equal Professional Service

You have the right to the same quality of service and professionalism from real estate agents, sellers, lenders, and others, no matter who you are ​nar.realtor. For example, your agent should show you all homes that meet your criteria (price, size, features, etc.) without filtering them based on neighborhood demographics​ nar.realtor.

You should not be steered toward or away from certain communities due to your race, religion, or other protected characteristic.

Home Choice Freedom

You can choose to look in any neighborhood, school district, or area you desire. An agent should never make assumptions like “Oh, since you’re [in a certain group], you wouldn’t want to live here.”

If you feel an agent is only showing you homes in specific areas or pushing you toward (or away from) certain neighborhoods for non-economic reasons, speak up – that could be a fair housing red flag. You are entitled to explore all options in your budget.

No Discrimination in Other Services

Fair housing covers the entire home-buying journey, not just the agent’s role. You have the right to fair treatment by lenders, appraisers, home inspectors, insurance companies, and title companies too.

For instance, a bank can’t offer you worse loan terms because of your national origin​, and an appraiser must value the home based on facts, not biases about who’s buying or who lives in the area. If something seems off (like unusually harsh loan conditions or a low appraisal with no clear reason), it could be worth looking into.

Respect and Accommodation

If you have a disability, you can expect reasonable accommodations during the buying process. For example, if you use a wheelchair, the agent and seller should make sure you can access the home for showings (portable ramp, etc., if readily achievable), or if you have vision/hearing impairments, materials should be provided in accessible formats or communication should be adapted.

While homes for sale aren’t required to be modified in advance, agents and sellers must not discriminate against you because of your disability – and they should be willing to work with you to ensure you can tour and inspect the property.

Inclusive Communication

You should never hear remarks from your agent or the seller’s side that single you out. Comments like “People like you might not be comfortable in this neighborhood” or questions about your background that feel irrelevant are inappropriate. A professional agent focuses on your needs and preferences for the home, not personal traits. You have the right to be addressed and negotiated with based solely on your qualifications as a buyer (financial readiness, timing, etc.), nothing else.

Remember, as a buyer, if you ever feel you’re being treated unfairly or denied opportunities in your home search for discriminatory reasons, trust your instincts. Keep records of what happened and consider taking action (more on that below in the Resources section).

But ideally, your experience should be positive and equal to any other buyer’s. Your dream home should be open to you, period.

If You’re a Home Seller: Your Responsibilities

Home sellers also have important responsibilities under fair housing law. When you’re selling your home (with or without an agent), you must offer everyone an equal chance to buy it. Here’s what to keep in mind as a seller.

Treat All Buyers Fairly

You should welcome all qualified buyers to view and make offers on your property, regardless of their race, religion, etc.​ nar.realtor. It’s illegal to turn away an interested buyer or refuse to consider an offer because of who they are. Even if unconsciously, avoid any bias – focus on buyers’ financial ability and offer terms, not personal characteristics.

One Set of Terms for Everyone

Make sure you apply the same standards and requirements to everyone. For example, if you decide you’ll only consider buyers with mortgage pre-approval letters, that rule should apply to all buyers equally, not just to some.

Don’t impose extra hurdles (higher earnest money, proof of funds, etc.) only for certain buyers. Likewise, negotiate in good faith with all parties – don’t give one buyer a “cold shoulder” due to bias while eagerly negotiating with another.

Advertising Inclusively

When marketing your home, avoid language that could be seen as discriminatory. Describe the property itself, not the “ideal” buyer. Phrases that exclude or prefer a certain group are not allowed (and they can turn off buyers too). For instance, say “cozy bungalow near parks” instead of “perfect for singles, no kids”.

Say “family room and large yard” rather than “great for Christian families”. Even if you have a target audience in mind, keep advertisements open and equal​. (Using the Equal Housing Opportunity logo in your ads or brochures is a good way to show you uphold fair housing!)

Instructions to Your Agent

If you’re working with a real estate agent, never ask them to do anything discriminatory. It’s not only wrong – it puts both of you in legal jeopardy. For example, telling your agent “Don’t show my house to [a certain group]” or “Only advertise in [certain language] newspapers” is unlawful.

Your agent is actually required to refuse such requests for ethical and legal reasons ​nar.realtor. The proper approach is to let your agent market widely to all qualified buyers. The more inclusive your sale, the better your chances of getting a great offer anyway!

Avoiding Seller Bias

In a hot market with multiple offers, sellers sometimes face “choice overload.” It’s human nature to gravitate toward people who seem familiar or similar, but when reviewing offers, stick to the numbers and terms. Decide based on price, financing, contingencies, and timing – not on personal details of the buyer.

(Some buyers include personal letters or photos to sway sellers; be cautious, as acting on that information could inadvertently introduce bias. In some areas, these “love letters” are even restricted because of fair housing concerns.)

By focusing on the business aspects of the sale, you both comply with the law and ensure a fair playing field for all bidders.

Remember, as a seller, you have the right to choose the best offer for your needs, but “best” means best offer, not best buyer. If two offers are identical, it’s illegal (and unethical) to use a buyer’s personal characteristics as a tiebreaker.

Also, creating an open, welcoming environment during showings (no insensitive remarks or symbols that could be seen as excluding someone) helps demonstrate your commitment to fair housing and can attract more interest in your property.

Equal Housing Opportunity logo. This symbol is used to show compliance with fair housing laws. All home sellers, buyers, and agents must follow the principle of equal access to housing ​archives.hud.gov​.

You can view a downloadable version of the Equal Housing Opportunity Logo here.

Examples of Fair Housing Violations in Real Estate

Sometimes it helps to see how discrimination can creep into real estate scenarios. Here are a few real-world examples of fair housing violations in home buying/selling.

Example 1: Steering a Buyer

A Hispanic family asks their agent to show them homes in several neighborhoods. The agent only takes them to areas with large Hispanic populations, even though homes in other areas met their criteria.

In this case, the agent is “steering” the family based on national origin, which is illegal​. The family has the right to see homes in all the areas they requested.

Example 2: Denying an Offer Due to Race

A qualified Black buyer submits an offer on a house. The seller privately tells her agent she doesn’t want to sell to a Black family and rejects the offer, even though it’s a strong offer. This is a blatant violation – a seller cannot reject an offer because of the buyer’s race ​nar.realtor.

The agent in this scenario should refuse the seller’s request and remind them of their obligations. If the seller persists, both the seller and agent could face serious legal consequences.

Example 3: Discriminatory Advertising

A seller’s online listing says, “Nice quiet street – no kids, please.”

This statement discriminates against families with children (familial status). Publishing such an ad is illegal​.

The seller could attract a fair housing complaint just from the advertisement alone. The proper way would be to simply describe the property features (e.g. “nice quiet street”) without discouraging any group.

Example 4: Disability Accommodation Denied

A veteran with a mobility impairment is looking to buy a home. He requests that the open house agent provide a ramp or some assistance so he can enter a property with steps. The seller refuses to accommodate and the agent makes an offhand comment about the veteran’s wheelchair being a “problem for this house.”

This could be viewed as discrimination based on disability. While a seller isn’t obligated to renovate the home, they should make a reasonable effort to allow access for the prospective buyer. Dismissing the buyer due to his wheelchair is not allowed – the buyer must be given an equal chance to evaluate and purchase the home.

Example 5: Blockbusting a Neighborhood

In a changing neighborhood, an investor goes door to door telling longtime homeowners: “You should sell now before property values drop – I heard [a particular ethnic group] is moving in.”

This is a classic case of blockbusting, which is against the law​. The investor is trying to scare owners into selling by injecting racial fear. Owners should know this conduct is illegal, and they do not have to make rushed decisions based on such tactics. Reporting the person to authorities would be appropriate.

In all these examples, the actions violate federal fair housing rules. If you ever encounter situations like these, know that the law is on your side. You can report the incident, and enforcement agencies can investigate and hold the wrongdoers accountable.

Working with Your Real Estate Agent

Real estate agents play a key role in upholding fair housing. You should expect your agent (and the agent on the other side of a transaction) to be knowledgeable about these laws and fully compliant. Here are some things to know about your agent’s responsibilities.

Agents Must Follow the Law

By law, every real estate professional must obey fair housing rules – it’s not optional. This means no discriminatory behavior or assisting in discrimination, period.

An agent can face legal penalties and lose their license for violating fair housing. So you can feel confident that any licensed agent has a strong incentive to treat all clients equally.

REALTORS® and the Code of Ethics

Many real estate agents are REALTORS®, which means they’re members of the National Association of REALTORS® and bound by an additional Code of Ethics. The REALTOR® Code of Ethics explicitly requires providing equal professional services to all​ nar.realtor.

For example, a REALTOR® must not reveal or discuss the demographic makeup of a neighborhood with a client, as that could lead to steering or discrimination​ nar.realtor. They also cannot advertise in a way that indicates any preference or limitation for a protected group​ nar.realtor.

This code reinforces fair housing principles, so working with an agent who is a REALTOR® gives you extra assurance of fair treatment. (If an agent ever says or does something you feel is against these principles, you can report them to their local REALTOR® association in addition to HUD – more on reporting below.)

What Your Agent Should Do

Your agent should listen to your needs and wants for a home or sale and put those above all else – not their own biases or assumptions. They should show you any property you want to see (if it meets your criteria) and not pressure you into or away from any decision for discriminatory reasons.

A good agent will also politely educate you if you unknowingly make a request that could violate fair housing (for instance, if a buyer client asks, “Are there a lot of [a certain group] in this area?” a fair agent will explain they can’t answer that and instead provide you with objective resources to research neighborhoods).

Similarly, if a seller says they only want to advertise to certain groups, the agent will refuse and explain why. In short, your agent is your partner in ensuring a fair and successful transaction for all involved.

Choosing an Agent

When selecting a real estate agent, it’s okay to ask them about their experience with fair housing or if they’ve had training. All reputable agents take this seriously. You might even notice the Equal Housing Opportunity logo on their business card or website – that’s a good sign.

During your initial meetings, note whether the agent is focusing on what you care about (home features, budget, timeline) rather than personal details. An agent who never asks about anything except your housing needs is doing it right.

If Problems Arise

Hopefully, your agent will make the process smooth. But if at any point you feel uncomfortable or suspect your agent (or the other party’s agent) is acting in a biased way, don’t be afraid to speak up. Sometimes there are misunderstandings that can be cleared up with a conversation.

If not, you can consult the agent’s broker or contact local fair housing authorities for guidance. Remember, agents cannot retaliate against you for raising a fair housing concern – that would be illegal. Your comfort and trust are important; a professional agent will address your concerns or help you find a resolution.

Resources and How to Report a Concern

Fair housing is enforced by the U.S. Department of Housing and Urban Development (HUD), specifically by HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

There are also state and local agencies, as well as nonprofit fair housing organizations, that can assist. If you believe you’ve experienced housing discrimination or just want more information, here are some key resources.

HUD Fair Housing Information

Visit the HUD Fair Housing page on the HUD website​ for an overview of your rights. HUD provides FAQs, examples, and official information about the Fair Housing Act. A good starting point is here (which will direct you to the relevant HUD resources).

File a Discrimination Complaint

If you suspect that you faced discrimination in the home buying or selling process, you can file a complaint with HUD. This can be done online (through HUD’s website) or via phone.

Call HUD’s housing discrimination hotline at 1-800-669-9777 (toll-free)​ to speak with a housing specialist.

You can also email or mail in a complaint – see this page for the form and details.

Note: It’s best to file a complaint as soon as possible after the incident. Under federal law, you generally have one year from the discriminatory act to file a complaint with HUD​ (and up to two years to file a lawsuit in court), but don’t wait – the sooner you report it, the faster it can be addressed.

HUD Local Offices

HUD has regional and local offices across the country. You can find a HUD office near you if you’d prefer to talk to someone locally or get help with filing a complaint​. They can also connect you with state agencies.

Local Fair Housing Agencies and Nonprofits

Many areas have fair housing organizations or civil rights agencies that can advise you. For example, you might have a local Human Rights Commission or Fair Housing Council.

These organizations often offer counseling, can test for discrimination, or help you through the complaint process. (HUD’s website or hotline can refer you to the appropriate local resources as well.)

Legal Assistance

In some cases, you may want to consult a lawyer, especially if you’re considering a private lawsuit. Some nonprofit legal aid groups specialize in fair housing cases. Also, the Department of Justice can handle serious patterns of discrimination – usually, HUD will refer cases to them if needed.

Educational Materials

If you’d like to read more, HUD and other agencies provide brochures and guides. The National Association of REALTORS® also has consumer-friendly fair housing guides (for instance, NAR’s “Consumer Guide: Fair Housing” ​was a source for some information in this handout). These materials reinforce many points we’ve covered and can deepen your understanding.

Thank you for reading this guide. Happy home hunting or selling – and remember, fair housing benefits us all by creating inclusive communities!

To Learn More...

For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.

If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.

As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.